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08-27-1990 (City Council) Agenda Packet DATE POSTED 8-24-90 TIME POSTED 5:00 P.M. AGENDA CALLED MEETING CITY COUNCIL CITY OF WYLIE, TEXAS MONDAY, AUGUST 27, 1990 7:00 P. 14. COUNCIL CONFERENCE ROOM MUNICIPAL COMPLEX 2000 HIQfiAY 78 NORTH CALL TO ORDER Oki/ ORDER OF PAGE BUSINESS REFERENCE BUSINESS 1 1 - 4 Discuss and consider change Order #1 on Summer Street Program contract to add asphalt overlay from Park Street to Stone Street on Hilltop 2 5 - 7 Discuss and consider unfunded Liability of Accumulated Compensatory Time of City Employees 3 INSERT Discuss and approve amended Personnel Regulations 4 Adjourn MEMORANDUM TO: MAYOR AND CITY COUNCIL .44,0104...."� FROM: BILL DASHNER, CITY MANAGER DATE: AUGUST 24 , 1990 REF: DISCUSS AND CONSIDER CHANGE ORDER #1 ON SUMMER STREET PROGRAM CONTRACT TO ADD ASPHALT OVERLAY FROM PARK STREET TO STONE STREET ON HILLTOP. The City Council may want to consider Change Order #1 which would go ahead and overlay an additional six hundred forty- seven (647) feet on Hilltop An additional 1800 square yards. This work, which has a good concrete base, would extend from Park Street to Stone Street. However , in order to do this work with the contracted company, a change order would have to be executed as follows: One and one-half (1-1/2 ) inch asphalt overlay continuous on Hilltop from Park Street to Stone under the original contract price, which was computed by square yard; estimated cost of change order $6000 . In my report to you of August 13 , 1990 , the original contracted price was $62 ,515 . Add approximately an additional $6000 for this change order - $68 ,515 . The City started with a total of $200 ,000 set aside for the summer street program. Martinez Lane, Fifth Street , Second Street and Masters Street have been completed; therefore, not counting this change order , the City has approximately $65 ,000 remaining. However , the $133 ,310 already spent includes equipment rental , lime, testing , barricades and survey work. I have attached a copy of the August 13 , 1990 financial report . Attachment : Memo dated August 13 , 1990 MEMORANDUM TO: MAYOR AND CITY COUNCIL FROM: BILL DASHNER, CITY MANAGEt.e..... SUBJECT: SUMMER STREET PROGRAM UPDATE AND PROGRESS REPORT DATE: AUGUST 13, 1990 The original bid for the summer street program was $62 ,515 . In order for the city to continue the summer street program, I believe a new bid will have to be let . However , $9 ,377 worth of additional work can be done with the same contractor by change order . A change order cannot exceed 15% of the original bid price. The City Council had allocated $200 ,000 for this program. To this date, Martinez, Fifth St . , Second St . , and Masters have been finished. Hilltop St. was included in the bid, but has not yet been finished. This has cost $62,515 to the paving contractor . This does not include additional costs for the following: Equipment rental $24 ,380 Hydrated Lime (Chemline) 37,665 Compaction testing (ATL Labs) 4 ,250 Barricades (Dallas Lite & Barricade) 3 ,300 Survey Work (Helmberger & Associates) 1,200 Total $70 , 795 * The original bid of $62 ,515 for the paving contractor plus the additional costs of $70 ,795 listed above, make a total project cost of $133 ,310 (not including footnoted costs) for the five completed streets . The remaining amount of $66,690 could be used on the following streets through competitive bidding as far as it would go. The City would still do all prep work; only chip and seal work would be bid out . alb • 4th St. from Hwy 78 to Oak St . Length - 410 ' Width - 18 ' 820 sq. yds. X $2 .00 = $1 ,640 .00 7-8 existing pot holes to repair, 1 push up area to dig out and recompact , needs to be swept off , light skim of asphalt for low areas, and seal coat . N. Birmingham from Hwy 78 Railroad to Marble Length - 1440 ' Width - 30 ' 4 ,800 sq. yds. X $2 .00 = $9 ,600 .00 Sweep clean , blade off high areas , and seal coat . (existing drainage problem) Akin Lane to Stone Length - 3075 ' Width - 19 ' 6,491.6 sq. yds. X $2 .00 = $12 ,983 .30 Approximately 20 existing pot holes in the center of roadway, edges are broken off in various locations that need to be overlayed and feathered in, seal coating will take care of the street, need overlaying in various areas to remove rolls and dips . Keefer from Oak to Marble Length - 412 ' Width - 20 ' 915 .5 sq. yds. X $2 .00 = $1,831 .10 Bomag 4" deep a few hundred feet, water, roll , mix , and seal coat , (existing drainage problem) Keefer from Brown to Oak Length - 740 ' Width - 20 ' 1644 .44 sq. yds. X $2 .00 = $3, 288 .88 Sweep off , level off hot mix , patch a few pot holes , and seal coat . (existing drainage problem) Butler from Hwy 78 to Ballard Length - 345 ' Width - 32 ' 1226 .6 sq. yds. X $2 .00 = $2 ,453 .30 Needs a light skim of hot mix , sweep excess debris , and seal coat .. Marble from Hwy 78 to 5th St. Length - 390 ' Width - 25 ' 1083 .3 sq. yds X $2 .00 = $2,166 .60 Multiple pot holes , very little overlay on sags, and seal coat . Total - $33 ,961 The important point to remember is the street work cannot be continued beyond $71,892 with the same contractor, the program will have to be rebid. * Associated costs of diesel fuel , equipment repair and parts, overtime, additional personnel , and striping of roads are not included , as well as any unknown costs such as curb and utility line repair, which are being absorbed by the General Operating Fund. Therefore, with your approval we can go out for bids and try and let a contract during September . 4011 MEMORANDUM TO: MAYOR AND CITY COUNCIL FROM: BILL DASHNER, CITY MANAG R DATE: AUGUST 24 , 1990 REF: DISCUSS AND CONSIDER UNFUNDED LIABILITY OF ACCUMULATED COMPENSATORY TIME OF CITY EMPLOYEES If recognized by the City Council as a legal obligation under the Federal Labor Standards Act (FLSA) , the total unfunded balance , as of July 31 , 1990 , is $168 ,134 . 99 . In my professional opinion, the City of Wylie has a legal obligation of $2 ,146 .24 . The $2 , 146 .24 is for comp time to employees that are covered by the Act . The $165 ,988 .75 is for management personnel not covered by the Act . The FLSA and the Garcia opinion out of San Antonio, a Supreme Court case , determined that management personnel in a supervisory capacity, controlling three or more people, are considered management . The City Council has a dilemma . They are as follows : - 1 . Because of precedent and written policies , the City Council has recognized comp time to management personnel . Therefore , you have a moral and ethical obligation to recognize it . - 2 . It is questionable as to whether public funds can be used to pay comp time not covered by federal law. - 3 . Allow all affected management personnel to use comp time. This creates an operational problem because all personnel are key personnel , i .e. , one department head would have to take a year off . - 4 . Direct the City Manager to negotiate fair and equitable financial settlements and clear the record of all comp time and immediately implement a policy eliminating comp time completely for all management personnel . - 5 . Immediately implement a policy to stop all comp time for management personnel and/or all employees , regardless of the final resolution of Attachment : Supporting document . MEMORANDUM TO: BILL DASHNER, CITY MANAGER FROM: CAROLYN JONES, DIRECTOR OF PERSONNEL REF: COMPENSATORY TIME DATE: AUGUST 24 , 1990 Following is an account of comp time liability for the City through July 31 , 1990 . - 1 . CITY SECRETARY: D.O.H. 2/2/81 2391 . 00 hrs comp credit 475 .50 hrs . used 1915 .50 hrs . credit @ $15 .05 per hour Value: $28 , 828 .28 - 2 DIRECTOR OF FINANCE: D.O.H. 7/29/85 4587 .725 hrs . credit* 101 .000 hrs . used 4496 .725 hrs . credit @ $20 . 18 per hour Value: $90 ,743 .91 *This figure includes 1000 hours estimated by J.J . for 1988 that are undocumented . (184 . 75 hours documented Sep-Dec. 1988 . ) - 3 . LIBRARY DIRECTOR: D.O.H. 11/28/88 799 . 5 hrs . credit 49 .5 hrs . used 750 .0 hrs . credit @ $12 . 75 per hour Value: $9 ,562 . 50 - 4 . ACCTG. SUPERVISOR/TAX ASSESSOR-COLLECTOR: D.O.H . 5/2/83 606 .75 hrs . credit 74 .25 hrs . used 532 .50 hrs . credit @ $14 .88 per hour Value: $7 , 923 .60 - 5 . CHIEF OF POLICE: D.O.H. 2/13/89 346 .125 hrs . credit 8 . 000 hrs . used 338 . 125 hrs . credit @ $18 . 78 per hour Value: $6 ,349 .99 - 6 . PUBLIC WORKS SUPERINTENDENT: D.O. H. 9/16/85 1626 .374 hr.s . crPc3 j_t 1403 .625 hrs . credit @ $15 . 47 per hour Value: $21 ,791 .43 - ___ - 7 . CITY ENGINEER: D.O.H. 6/18/90 30 hrs . credit 8 hrs . used 22 hrs . credit @ $19 . 375 per hour Value: $426 .25 - 8 . CODE ENFORCEMENT OFFICER/BLDG OFFICIAL: D.O.H. 1/9/90 33 hrs . credit 4 hrs . used 29 hrs . credit @ $12 .51 per hour Value: $362.79 TOTAL CITY LIABILITY (salaried personnel) : $165 ,988 .75 The following list is by department , including the number of individuals represented in each total . - 1 . POLICE DEPARTMENT: Total value : $4 ,130. 10 ten (10) indv . accts . - 2 . PUBLIC WORKS: Meter Readers : $ 150. 44 Water Dept . 1,243 .40 Sewer Dept . 118 .22 Fleet Maintenance 8 .03 Streets 14 . 50 Animal Control 233 .16 Parks & Recreation 206 .44 Total $1 ,974 . 19 eleven (11) indv. accts. 3 MUNICIAPL COURT: Total Value : $ 172 .05 one (1) indv . acct . CITY' S TOTAL LIABILITY - COMP TIME: $168 ,134 .99 We feel this figure is accurate as of July 31 , 1990 . /bl